BENGALURU: In a significant judgement, the Karnataka High Court has directed the authorities to permit mutual transfer of students admitted under RTE between institutions. The court passed the orders, while allowing a petition filed by two parents.
They had applied for seats for their wards (both aged three-and-a-half years) in a private school, as provided under the Right of Children to Free and Compulsory Education Act, 2009. On their applications, Pruthvi Nayaka G., the son of the first petitioner, was assigned a seat in Nehru English Higher Primary School, Gulur, while Sandya S., the daughter of the second petitioner, was given admission in Varin International School.
As the institution assigned to the son of the first petitioner was away from home and as there was no proper transport facility, the petitioner sought a transfer to Varin International Residential School. The second petitioner also felt uncomfortable sending his daughter to Varin School.
The petitioners found it convenient to mutually transfer the seats of their wards. With it, the first petitioner’s son could go to Varin School and the second petitioner’s daughter would opt for Nehru School. The petitioners had together approached the Tumakuru Block Education Officer requesting him to provide for such a transfer. But the officer issued an endorsement stating that such a request cannot be considered, as it would run counter to Section 5(2) & Section 2(n)(iv) of the RTE Act.
“It is only the exchange which would result in the children conveniently attending the respective schools. The state cannot reject their request on a mere technicality. Therefore, notwithstanding the bar imposed in respect of transfer of students in respect of schools covered under sub-clause (iv) of Clause (n) of Section 2, it would be possible for the respective schools to admit the respective children as proposed,” court ordered, while directing the officials to permit the mutual transfer of children before the academic year begins.
The court made it clear that this should not be treated as a precedent to seek transfer which would run counter to the RTE Act, unless it is similar case of mutual transfer and other things remaining equal.
